John Overton, Newton Cannon, and Robert Weak-instant. ty, of Tennessee, as commissioners to negociate with the Chickasaw tribe of Indians, for the cession of a tract of land four miles square, including a salt spring, reserved to the said tribe by the fourth article of a treaty concluded with the said Indians, on the 19th of October, 1818.

Francis Adams, of the District of Columbia, to be STRICTURES ON Mn. LACOCK'S REPORT ON consul at Trieste.

mity among those who envy his reputation, without ability to emulate his virtues. But, surely, the deadliest foe of gen. Jackson cannot, for a moment, credit such a charge as this. I dare venture to assert, that not a single member of the select com

calls "a gross violation of the constitution," yet they made the act theirs by adoption; and if this implied accusation is just, those officers ought to be impeached; and, 3d, because the senate should not prejudge a case which they may be required to examine judicially; and on which this anticipa-mittee, malignant as appears to be the hostility of tion of censure would disqualify them to act.

This subject was, on the 18th November, refer red, by the house of representatives, to two committees, the military and foreign; and one month after, on the 18th December, Mr. Lacock moved in the senate, for a committee on the same subject. He appears to have been the moving principle throughout the whole investigation in the senate. To his exertions are the public indebted for the Commencement of the business, its peculiar charac. ter of virulence, and the singular document by which it is terminated.*

some of them to the general, believes that he led an army to the field, and jeopardized the lives of valuable citizens, in order to speculate with security in Spanish lands; or that he risked the ruin, both of health and reputation, and prostrated the constitution to secure the paltry advantage of buying a few acres in Florida. We read of men whose dangerous political ambition prompted to the commission of awful crimes towards their country; but the monstrous act of overturning a free constitution and making unauthorized war, with the despicable view of a triling pecuniary emolument, is yet, and The Seminole war was discussed in the lower may it long be, unheard of and unrecorded. If that house for more than three weeks, and yet not a sin- committee do not believe the charge they have adgle member suggested the slightest censure either vanced, what can be their views, and how will they on gen. Jackson for the employment of volunteers, explain their motives to their country? It would or on gen. Gaines for the unauthorized call on the be both indecorous and useless to indulge in the Creek nation. It was reserved for Mr. Lacock to language of resentment and recrimination; but it make the discovery of a violation of the constitu- would be injustice to the country to withhold the tion in these acts; and the honesty of his views, in expression of a deep conviction, that this most unadvancing such a charge, is to be found in the just and illegal trial originated in dishonest motime he made his report-when the senate had but tives-from feelings of personal hostility in one of six days to sit, and it could not be discussed; and the members, and, in others, of a disposition to in declining to annex the customary resolution, so gratify a junta. It is right to state, that two memas to admit of discussion and afford the friends of bers of the committee were opposed to the report. gen. Jackson an opportunity of defence. In fine, it One of those, who was not personally acquainted was obviously intended to counteract the effects with the general, and who sat in the convention apprehended from the vote of the house and the which formed the constitution, was too well acforce of public opinion; and was, incontestibly, de.quainted with the principles of that sacred instru signed to inflict a wanton blow on the feelings and ment, to sanction any proceedings calculated to do character of gen. Jackson, under the imposing sanc-it vital injury; and the other had too long known tion of a regard for public duty. general Jackson to entertain any doubt of his puri

It is needless to consume time in an exposition ty. When the course of these gentlemen is conof reasons for thinking such a trial of any man's mo-trasted with that of the majority in the committee, tives and conduct unfair and unconstitutional. It the people will have no difficulty in conceiving the is enough to remark, that justice consists not mere impure motives by which that majority were go. ly in awarding punishment for crime, but in giv verned. ing to individuals accused of misconduct a full and The principles which guided the commander impartial hearing, and an opportunity of advancing in chief, in the movements of the Seminole camall accessible testimony for the elucidation of paign, have been so ably developed and supported their acts, and the uprightness and innocency of by men of integrity and talents, that it is deemed their intentions. This justice has been denied to unnecessary now to review them. The orders gen. Jackson. His public acts and private charac- which governed him are before the world The ter have both been made the subjects of systema-selection and use of the means for their complete tic investigation; and, without a hearing, he has execution are well known. If he left any thing been pronounced guilty of the awful crime of strik undone which was necessary "to give peace and ing at the liberties of his country, by an infrac-security to the southern frontier," or if he unnetion of its constitution; and has received, in a cen cessarily superadded to the sufficient means of ef sure, the cruellest punishment that can pierce the fecting this object any act injurious to the country and destructive of the constitution, the grounds for And what is the motive to which all the gene-a fair judgment are with the nation, and its award, ral's acts in Florida have been attributed? His either of blame or approbation, will doubtless be operations, say the committee, were conducted just. This article shall be confined to the eluci"on reasons of his own, unconnected with his mili.dation of some obscurities, and the correction of tary functions"-and these "reasons" were merceseveral misstatements of facts in the narrative of the nary views and speculations, which the occupan-report. The argumentative part shall only be cy of the Spanish territory would facilitate and touched incidentally. mature! It is to be hoped that general Jackson It is stated, in the first page of the report, "that will never degrade himself by answering a charge as foul as it is ridiculous-a charge totally unsup ported by any of the documents, and abundantly refuted both by them and by his character. No man in public life, who marches steady and erect along the path of duty, can fail to awaken an en-ed to create an impression, that gen. Jackson is

bosom of a soldier.

*Mr. Lacock's son was contractor's agent and failed in supplying fort Scott. It has been intimated, that the father was interested in the contract.

in the spring or summer of 1817, the regular troops were withdrawn from the posts on the Georgia frontier, and concentrated at fort Montgomery, on the Alabama river, a considerable dis, tance west of the Georgia line." This is calculat

sued the order for evacuating the posts south of Georgia, and thereby jeopardized that frontier, by opening the way for savage incursion. But, in the commission of this military error, he was no way

instrumental. The order for the movement of the tion, and achieved the victories of Talega, Emucktroops to the Alabama was issued from the war de-faw, and the Horse Shoe. The same men who pe. partment, by Mr. Crawford, contrary to the gene-netrated the swamps of Florida, covered Mobile ral's opinion, who considered the movement both from British visitation; and the same troops, offj. dangerous and impolitic. cers and men, (d. Jdefeated Wellington's veterans In page 2, it is stated, that gen Gaines ordered on the shore of the Mississippi, and saved New Or maj. Twiggs "to surround and take an Indian vil- leans from incendiary pollution. Did congress, lage called Fowl Town, about 14 miles from fort then, adjudge the act of raising them "uncoustituScott, and near the Florida line." The order of tional," or did they approve the measure and make maj. Twiggs was, to bring to fort Scott the chief appropriation for paying them? I will not say that of Fowl Town, who had repeatedly been called to the sanctioning an act by one congress obliges an interview, and as often contumaciously refused every succeeding congress to approve all similar to appear. The object of general Gaines was to proceedings. But, where a measure of important have a definitive understanding with the chief, re-necessity is adopted on personal responsibility, and specting his hostile or friendly intentions; and the approved by the government or the nation, it must importance of such an understanding induced the be some motive, different from a regard for princigeneral to order his forcible capture, if gentle ple, that could prompt a committee of congress, at means proved ineficient. another period, to censure a similar measure urged by similar necessity, and productive of similar benefit.

In the same page, is this remarkable paragraph: "On the receipt of this order," (the order under which gen. J. proceeded on the Seminole cainpaign,) gen. Jackson, instead of observing the or ders of the department of war, by calling on the governor of Tennessee, then in Nashville near the place of his residence, chose to appeal (to use his own expressions) to the patriotism of the West Tennesseans, who had served under him in the One thousand mounted gun men and two companies of what are called life guards, with the utmost alacrity volunteered their services, from the states of Tennessee and Kentucky, and repaired to his standard. Officers were appointed to command this corps by the general himself, or other persons acting under his authority. Thus organized, they were mustered into the service of the United States."

last war.

It is thought unnecessary to enter minutely into an enquiry on the powers of either the war department or a major-general commanding, to raise, on an emergency, a body of mounted volunteers. We shall leave this discussion to those who are fond of cavilling at forms, and raising technical objections to the most important and necessary measures. Suffice it to say, that gen. Jackson had to choose between two modes of raising the requisite force the one productive of pernicious delay, (e.) and calculated to ensure ultimate defeat-the other, more simple, less expensive, and creative of an army, fraught with ardent enterprise, and willing to endure every privation in giving safety to their brethren of the south. To select was not difficult. It was a choice between defeat and victory; the full performance of an urgent duty, or the disgrace of the general and the destruction of his army.

At the time this order was received, the governor of Tennessee was either in Knoxvilie or the Cherokee nation; and to have waited the result of The committee are grossly erroncouts in asserting the usual process of drafting, would have produced that general Jackson appointed the officers of the the two evils, of much loss of valuable time; and volunteer corps. (f) He did not appoint one of the raising of a force reluctant in Cisposition and them. It is true that he appealed to the officers inefficient in character and equipment. General who had gallantly fought with him in the wilderJackson immediately dispatched a letter to govern-ness of the Creek nation, and on the plains of New or McMinn, apprising him of the call for volunteers, and informing him, that in case the call should not be promptly and effectually answered, he should require of him one thousand drafted militia.(b.) The governor warmly approved the step the general had taken, and added to his force one company of mounted volunteers, who joined the army at Fort Gadsden, General Jackson's letter of the 12th January, apprised the department of the measure, and the secretary approved and sanctioned it. (c)

Corps of the same character with the Tennessee volunteers were raised in other parts of the coun try, and under different officers, during the late war with Great Britain. In the northwestern campaign, general Harrison was joined by a body of volunteers, led by colonel Johnson-and governor Shelby, authorized the general to form them into corps, and appoint such officers as the men might elect. Another body of men, from Ohio, joined the army on the march of general Harrison for the relief of Fort Wayne, without any authority, and uncommissioned by the state executive. These organized themselves and appointed their officers. Their services were accepted for ten days, and they received pay for that period.

Orleans, and again roused them to the defence of their frontiers. (g) But their appointments to command were in all cases made by the choice of the men they brought into field; and many of the officers, high in rank, accepted subordinate commissions. Col. Hayne was ordered to take com mand of the volunteers, to organize, muster, and march them to the frontier.

It may be well to remark, before qui ting this subject, that the field officers of the Georgia troops were appointed by choice of the men, after the

(d.) It is worthy of remark, that the same regiments, similarly officered, and nearly the same men who were at New Orleans, were in the Seminole campaign. They assembled in 1814, at the call for volunteers, chose their officers, and cheerfully obeyed them, although none were commissioned. They followed the same course exactly in 1817-8, and, in both cases, victory followed their march.

The muster rolls of the volunteers, in 1814 and 1818, now on file in the war office, establishes this fact.

(e) See Doc. A. (f) See Doc. M. (g) The importance of rapid movements, at It is well known that exactly the same kind of that time, is best proved by a reference to Doc, F. troops followed general Jackson into the Creek na-containing an extract of a letter to col. Arbuckle, then at Fort Scott, in an extremely difficult situa

(b) See Doc. B. (c) See Docs. C. D. L. K. I. tion.

concentration of the militia on the west bank of the Oakmulgee, and beyond the civil jurisdiction of Georgia.

such measures as would have been more pernicious than inactivity. In either case his conduct would have been justly reprehensible.

But admit the orders of gen. Gaines to be obligatory on general Jackson-the case contemplated by these orders never occurred. The Indians were not found under the guns of a Spanish fort, but were sheltered within it. It was their depot, from whence they drew their public stores, both of am

parties of Indians to place them in security from our attacks. The war was planned in St. Marks. The Indian power of attorney was executed there, and countersigned by F C. Luengo, the commandant; and the councils for the arrangement of every warlike movement were held in the quarters of that officer.

have been issued for the seizure of St. Marks. For when they, and the acts of the general induced by them, were known, the president approved of the measure. It had not been conceived that the Spanish officers had made themselves parties in the war; and no previous order could have been expected to meet a case which was not supposed to exist.

In page 5, the committee remark, that the whole strength of the Seminoles, when combined, did not exceed one thousand men, opposed to whom, under general Gaines, were "1800 regulars and militia, Besides 1500 Indians, illegally subsidized by the last mentioned general. What, then, in this state of the case, becomes of the plea of necessity?" Imunition and provision. Spanish officers escorted will ask, if the committee did not know, that correct information of the numbers and positions of the Indians was only obtained after the termination of the campaign? General Gaines was led to believe, from his enquiries on this subject, that the number of Seminoles exceeded 2,800 warriors. Would it have been prudent to march half this number of men to the frontier, had the general even If these facts had been known at the war ofbelieved the numbers of the enemy to be exagge-fice, it is not to be doubted, that an order would rated? The strength of the Seminoles might easily have been augmented by auxiliary bands from the more easterly parts of Florida, and it became general Jackson's duty, under this consideration, to raise such a force as would ensure success in every emer gency. Can it be wrong to act against an enemy, with a larger force than his own; or is it impolitic and unmilitary to use that superiority which will ensure success? Such a principle may govern those In page 6, the committee remark, that "here who lead men to battle to gratify ambition, and also (at St. Marks) were taken two Indian chiefs, weave barren laurels for their brows. But such one of whom pretended to possess the spirit of battles general Jackson never has fought, and never prophecy; they were hung without trial, and with will fight. He has too dear a regard for the cha-little ceremony." The committee have forborne racter of his country and the lives of her citizens, to state, that Francis the Prophet had long been to endanger either in useless contests; and far may one of our direst and most dangerous foes-that he it ever be from him, to draw either on the purse or had a brigadier's commission from Great Britainthe blood of the republic, to purchase the wreath of and that he successfully employed his superstitious unprofitable giory. influence and the promises of his trans-atlantic It is is said, that the Indians were illegally sub-friends to instigate his deluded brethren to deeds sidized by generai Gaines. General Mitchell's let-of rapine and massacre. They seem also to have ter of the 14th December, 1817, to the secretary of forgotten that Homathlimico, the other chief, had war, apprises the department that the friendly In-headed the party who in cold blood murdered Scott dians should be employed; and general Gaines, in a and his unhappy companions-struck the reeking letter of the 2d December, also informs the secreta- tomahawk into the bosoms of defenceless women, ry of the contemplated employment of Indians; and "dashed out the brains of their infants against which communication was received at Washington, the boat." on the 26th December. If, then, the executive were early apprized of general Gaines's intention, the secretary, by not disapproving the measure, adopted it; and the committee knowing this fact, in attributing improper and illegal views to generai Jackson, only afford an additional display of sple netic hostility to the army, and the most wanton and studied disregard of truth.

Was it mere "technical retaliation" under which these monsters were executed, or, was their death an awful but just punishment for their unhallowed crimes? It is wrong to speak of the policy of executions; and I trust that mere policy shall never be urged as an excuse for depriving a fellow-being of existence; but criminals are executed both for example and punishment, and the awful example The committee accuse the general of disobe- made of Francis and Homathlimico had a wide dience of orders, inasmuch as he disregarded the spread influence. Two Indians had been taken injunction to general Gaines to abstain from at with them and released; and, in a few days, the tacking Spanish garrisons, without special instruc-whole Ocheese tribe surrendered at discretion. tions from the department. They were treated humanely, furnished with transportation and provision, and sent into the Creek nation.

It is a clear principle that no order given to one officer can be made part of an order subsequently given to another officer, for the performance of the An effort is made by the committee to shew, that, same duty, without a special reference to the firs', at the time gen. Jackson believed the war to be and an express direction to be governed by it. Jack-ended, he had resolved on occupying Pensacola. son's orders were general: he was told to terminate To establish this charge, they more than once rethe conflict, and give tranquility to the frontier; fer to extracts from his letters, wherein he states and, in these orders, no instructions can be found for his government by the orders previously given to general Gaines. In selecting the means of accomplishing the objects of the campaign, the commanding general's powers were discretionary, and for his judgment in using those powers, was he alone responsible. The only mode in which he could have disobeyed the order, was either to have remained inactive at Nashville, or to have adopted

that the Seminoles are dispersed and their means of annoyance destroyed. It will be recollected, that these letters were written after the end of that part of the campaign which was conducted in East Fiorida, and had a necessary reference to the general's success in securing that portion of our fron tier immediately open to the incursions of the eastern Seminoles. At the time the despatches were written, the number of hostile Indians in West

Florida were unknown: and, without attributing | laughed at by the Indians. Relieved from all apto general Jackson the powers of prophecy and prehension of attack, and the privation of their magic, it was impossible, in stating "the Seminole Spanish depots, they would leisurely have concenwar was ended," that he meant to extend the re-trated their forces, and broken the cordon at almark to all future aggressions, both on the eastern most any point. It was then necessary to attack and western extremities of our southern border. them, and, as in West Florida they never were The Seminoles in East Florida were dispersed, not embodied, the general bad either to march his exterminated-their towns were burnt and their whole army in pursuit of each little squad of warcattle taken from them; of course, when scattered riors, and exterminate them in detail, or to and in a state of starvation, the commanding gene. adopt such measures as would relieve his army ral safely said the war with them was at an end. from useless toil and bloodshed, and his coun But the means of subsistence they might soon try from unnecessary expense. This measure was again procure from labor and the sympathy of their the provisional occupation of Florida. It was an Spanish friends east of Shawanee-and, these ob- act of necessity; the necessity we were under, in tained, they still possessed the power of concentra- all cases, to protect the lives and liberties of our tion and incursion; although it was confidently citizens. If the occupation of Amelia Island is justrusted that the awful lesson which they received tifiable, the seizure of Pensacola is still more so; would have a permanent salutary influence. for the lives of our citizens are of infinitely greater importance than the plunder of our commerce, and the security of a frontier from Indian invasion, of much greater interest than the prevention of smuggling.

In West Florida, the same outrages had for some time been committed, almost daily, on the frontier of Alabama; and the letter from governor Bibb of the 19th May, which was received on the arrival of the army at the Escambia, plainly shewed that that territorial border called as loudly for defence and security as the frontier of Georgia.

To destroy the scattered parties in West Florida, capt. Boyles, with two companies of rangers, was ordered to scour the country, and his gallantry and success are well known.

lation were forcibly imposed upon the governor and garrison of Pensacola. These terms were proposed by the governor himself, before surrendering the Barancas; and were fully acceeded to, except in such points as affected the security of the occupancy, and the objects of the campaign.

East and West Florida were similarly situated; both were inhabited by Indians hostile to the U. S. In page 7, of the report, there is a sentence calin both had British instigation cherished and ma-culated to induce a belief that the terms of capitutured this spirit of hostility; and in each, had the savages a depot, whence they drew their warlike munitions, and on which they could retire in case of defeat. Of all these facts, the general had the fullest proofs; and with these proofs before him, he had to choose between retiring from Florida into Tennessee, content with doing half his duty, by se- It was unnecessary to remark that gen. J. abocuring half the frontier, or executing his orders en-lished the revenue laws of Spain, (p. 6.) The ca tire, by pursuing the same course to tranquilize the west, which he had successfully adopted in the

east.

pitulation engaged for the transportation of all the officers of government, civil and military, to Havan.

na.

What then became of their revenue laws?The governor virtually abolished them himself. It is not a fact that all the officers of the new government were military men. The temporary go. vernor, col.King, is an officer of the army, but civil officers were appoined in the different departments from among citizens, and M. M'Kenzie, a native of Mobile, was placed at the head of the magistracy. The civil rights of the inhabitants were secured to them, and, in some instances, particular privileges of individuals were held sacred, which were total ly repugnant to the nature of our political institutions.

I mean not now to enter upon a defence of the occupancy of Pensacola. General Jackson believed it necessary, and therefore he did it. If it saved the life of a single frontier settler, it was right; and it can only be proved wrong by shewing, that there was not a single body of Indians in West Florida at the time when Pensacola was occupied. The savages west of Pensacola bay were scattered in the swamps, obtaining, after their dispersion by the movement of major Youngs, and general Jack son's advance into the country, a miserable subsist. ence by hunting and depredating on the cattle of the inhabitants. Had these Indians, irritated by In the 9th page of the report, there is a remark defeat, been granted access to their old depot, they that before general Jackson could make a hostile would, in parties of ten and twenty, have commit- movement on the Span sh possessions, they must ted more murders on our open border than could have "opposed him by physical not moral force."ever have sat easy on gen. Jackson's conscience, It is not easy to understand this distinction, but had any act or neglect of his, facilitated their com-I presume the committee mean by moral force, the mission. use of persuasion and instigation among the Indians, Common sense as well as national law prohibits and furnishing them with arms and ammunition. If any violation of neutrality to prevent any evil re- the use of such a "moral force" is not to be opposmotely prospective. But where the expected dan-ed and avenged, without an infraction of natural ger is both of vital character and certain occur. law, and the constitution, in what a situation we rence, to neglect any means of preventing it is not are placed? The adoption of such a principle, foronly falsely generous but grossly criminal. Indi-ever puts a stop to frontier emigration, and the viduals may make such sacrifices, when mere per-proud spread of our hardy population. It declares sonal danger or inconvenience is apprehended, but to the enterprising settler of the wilderness, that to avert so dangerous an evil as the murderous in- it is illegal to protect him from the Indian incurcursion of a savage foe, all accessible means of sesion; and it says to the infamous emissaries of Bri curity and prevention are imperiously called for. Men who know the Indian character, are well aware of the folly of defensive operations to restrain their massacres and predatory expeditions. If the whole army had been extended in a cordon, along the southern frontier, they would have been

tain: Your safety is now secure; go among our Indians, and, by gold and superstition, spirit them to reiterated outrage; deluge our frontier in blood; we dare not touch you; standing under the shelter of our constitution, your punishment would be a stab to the liberties of our country.